
The applicant filed a grievance against her termination for cause – her counsel advised the employer of the referral and the employer acknowledged receipt of that information, but the Board had no record of the referral – the employer was aware that the Board had not received the referral but did not advise the applicant’s counsel, and the applicant’s counsel became aware of this fact more than three months later – the applicant then faxed another referral to adjudication followed by a hard copy – the employer filed an objection to the timeliness of the referral – the applicant then filed this application for an extension of time for a referral – the employer, during the submission process, advised the Board that it would “…not provide any position with respect to…” the application and that it did not contest any of the applicant’s submissions – the delay in referral was not lengthy, and the respondent had timely notice and had not demonstrated that it would suffer any prejudice by the granting of the extension.
Application granted.